Heavy metals restrictions of EU ELV directive.

Status of actual ANNEX II REVISIONs.

Mariola Hauke

Heavy metals restrictions of EU ELV directive. Status of actual ANNEX II REVISIONs.

Contents:

CLEPA in a nutshell

Introduction ELV directive

Status 8th Revision of Annex II

Next Revisions

Presentation of Sub Organization for ELV exemptions 8 & 10

Conclusion

Presentation prepared with cooperation with:

Sylvia Assmann – BOSCH & Reinhard Hoock BMW

CLEPA in a nutshell

• Founded in 1959

• Based in Brussels, Belgium

• Representing

– Over 120 of the world’s

most prominent suppliers

(Corporate Members)

– 23 National Trade &

European Sector Associat

ions representing 3000+

member companies

(Association Members)

Our vision is for the European Automotive Supply Industry to be the leading provider of highly efficient & sustainable mobility worldwide

Our mission is to increase the competitiveness of the European Automotive Supply Industry and drive its sustainable growth while enhancing

wealth and employment in Europe

5 million employees

vital for the EU’s industrial

competitiveness

600 billion € annual sales

auto industry accounts for

circa 7% of the EU’s GDP

18 billion € annual RDI spend

amongst the largest private

investors in research &

innovation

CLEPA in a nutshell

Mobility Evolution & New Mobility Paradigms

Safety

Environment & Climate Action

Growth & Competitiveness

REACH like Regulations: – REACH EU – POP - EU – International Conventions – BPR – TSCA – REACH non-EU

ELV: – Minamata (monitoring) – Non-EU ELV

Conflict Minerals

GADSL: – GLAPS

Material Reporting: – IMDS - Where Used Analysis – IMDS - Chemistry Manager – Recommendation Rev. – New Release – CAMDS – GADSL +n

Other monitoring topics: – Circular Economy (Critical

Raw Materials) – California proposition 65 – VIAQ – Basel Convention – LCA

Steering Committee:

Sylvia Assmann - BOSCH Dennis Eggeling - HUF

Marco Buczilowski - FAURECIA Lutz Käseberg - LUMILEDS

Frederic Coene - AISIN Hannes Stradner - MAGNA

Hugues Boucher - FIEV Michael Jeppe - ZF

Stefan Dully - DUPONT

EUROPEAN END OF LIFE VEHICLES DIRECTIVE 2000/53 EC. MATERIAL RESTRICTIONS.

… Member States shall ensure that materials and

components of vehicles put on the market after

1 July 2003 do not contain lead, hexavalent

chromium, cadmium and mercury other than in

cases listed in Annex II under the conditions specified

therein;

§ 4.2

…the Commission shall on a regular basis, according to technical and scientific progress, amend Annex II,

in order to:

(i) as necessary, establish maximum concentration values up to which the existence of the substances referred

to in subparagraph (a) in specific materials and components of vehicles shall be tolerated;

(ii) exempt certain materials and components of vehicles from the provisions of subparagraph (a) if the use of

these substances is unavoidable;

(iii) delete materials and components of vehicles from Annex II if the use of these substances is avoidable;

…

§ 4.2 (b)

EUROPEAN END OF LIFE VEHICLES DIRECTIVE 2000/53 EC. ARTICLE 4.2 MATERIAL RESTRICTIONS.

REVIEWS ELV ANNEX II. DEVELOPMENT SINCE YEAR 2000.

3. Revision 2008/689/ EC

Aug.

2008

23

Directive 2000/53/ EC

Sept.

2000

13 Amount of

Exemptions

Date

4. Revision 2010/115/ EU

Feb.

2010

31

8a -> 10 subentries

8a,c,d,e,f,g,h,

8b -> 8i, j

5. Revision 2011/37 EU

March

2011

36

10 ->

10a,b,c,d

2. Revision 2005/673/ EC

Sept.

2005

21

„repair as

produced“

principle

1. Revision 2002/525/ EC

June

2002

22

background

concentration

levels

considered

7. Revision

May

2016

37

8. Revision

Nov

2017 ?

?

2019 ?

9. Revision 6. Revision 2013/28 EU

May

2013

36

8i exp.

date

revised

8f 8f (a)

8f(b)

8h end date

8j end date

10d end date

review for entries

8e, 8f(b) and 8(g)

(EU) 2016/774

Draft

21.3

2017

Trend: Split of entries, more application specific scope

Review

scheduled

for entries

8e,

8f(b)

8(g)

8TH REVISION OF ELV ANNEX II. LATEST DRAFT VERSION OF MARCH 2017.

Source: Ref. Ares(2017)1520534 - 21/03/2017

Draft Proposal Exemption 3: “ Copper alloys containing up to 4%

lead by weight ” review 2021

(1a) Applies to aluminium alloys where lead is not intentionally introduced

but is present due to the use of recycled aluminium.

Exemption 2(c)(ii): “Aluminium alloys not included in entry

2(c)(i)with a lead content up to 0.4% by weight ”

Exemption 2(c) “ Pb in Al < 0,4% ” Split in 2(c)(i) and 2(c)(ii)

Exemption 2(c)(i): “Aluminium alloys for machining purposes

with a lead content up to 0.4% by weight ”

review 2021

review 2024

8TH REVISION OF ELV ANNEX II. LATEST DRAFT VERSION OF MARCH 2017.

Exemption 5: “Pb and Pb compounds in batteries” Split in 5(a) and 5(b) Draft Proposal

Source: Ref. Ares(2017)1520534 - 21/03/2017

(2a) Systems that have a voltage of >75V DC as defined in Directive 2006/95/EC of the

European Parliament and of the Council of 12 December 2006 on the harmonisation of the laws of

Member States relating to electrical equipment designed for use within

certain voltage limits (OJ L 374, 27.12.2006, p. 10).

Exemption 5(a): “ Lead in batteries in high voltage systems

(2a) that are used only for propulsion in M1 and N1 vehicles ”

review 2021

expires for vehicles

type approved after

1 January 2019

Exemption 5(b): “ Lead in batteries for battery applications

not included in entry 5(a) ”

UPCOMING ANNEX II REVISIONS.

Exemption Inspection date

Pb “high melting solder“ (8e) Review

2019 scheduled

Pb “flip chip“ (8g) Review

2019 scheduled

Pb “lead in compliant pins … other than the mating area of

vehicle harness connectors” 8(f)(b).

Review

2019 scheduled

Pb “aluminum alloys 0,4% Pb“ 2(c)(i) 2021 ?

Pb “copper alloys 4% Pb“ (3) 2021 ?

… others ? 2021 ?

Pb „laminated glazing“ (8j) Type aproval before

1.1.2020

Expiring exemption

VIEW TO ROHS.

As annex II of the ELV directive the EU RoHS legislation is a sector specific legislation. It applies primarily to electric and electronic products.

Currently there around 90 extension request applications of industrial stakeholders in assessment by the EU COMM.

The final decisions to grant an exemption are delayed.

If there is no decision, the exemption continues and a previous published end date remains without effect until a final decision was made.

If there is a decision not to continue an exemption, an 18 months transition period is granted to manage a phase out.

Several exemptions are similar, but not identical, to exemptions granted under ELV directive annex II.

Specfic information like consultant reports assessing the need of exemptions for the Commission is free available on teh web pages

of the EU Commission.

VIEW TO ROHS. MANY ENTRIES UNDER REVISION - EXAMPLES.

Within current RoHS revisions consultant suggested split of exemptions and early

reviews. The affected industry asks to extend review dates and rejects splitting.

Exemption EU ELV EU RoHS

Pb in steel (0,35%) 1(a) 6(a)

Pb in Al (0,4%) 2(c) 6(b)

Pb in Cu (4%) 3 6(c)

Pb in “high melting solder“ 8(e) 7(a)

Pb in “glass /ceramic (partially)“ 10(a) 7(c)-I

Pb in “flip chip“ IC 8(g) 15

Different timing for

• Due dates / no due date

• revision

Different revision process and different departments at authorities

Same parts go to different applications with different waste streams

Similar

exemptions, but

CONCLUSIONS.

The draft for the 8th annex II revision sets again review dates for several entries. As in previous reviews there is a further split of existing exemptions.

Without contributions based on solid and convincing technical arguments,

the exemptions in annex II will end in long term.

Careful creation of material data sheets helps to identify the need of exemptions.

The support of suppliers, associations, OEMs in the industry expert groups heavy metals

is very appreciated and essential to obtain exemptions. Thank you to all for their contribution.

For being prepared towards the next revisions the work starts now.

The joint associations industry expert groups are open to welcome new members.

NEW ENTRY 8f(b). SCOPE.

Why lead is used ?

Lead is needed to suppress

formation and growth of whiskers.

CURRENT EU LEGISLATION COHERENCE ANALYSIS.

The EU Commission is currently analysing the coherence of the legislative approach and procedures regarding hazard identification,

generic risk consideration, specific risk assessment or risk management measures. Non exhaustive list below…..

Source:http://ec.europa.eu/smart-regulation/roadmaps/docs/2015_grow_050_refit_chemicals_outside_reach_en.pdf last accessed 16.May 2017

1) Legislation covering hazard

identification and classification

• Classification, labelling and packaging

(Regulation No (EC) 1272/2008)

• Plant protection products (Regulation

(EC) No 1107/2009)

• Biocidal products (Regulation (EU) No

528/2012)

• REACH, Annex XIII (Regulation (EC) No

1907/2006)

• Inland transport of dangerous goods

(Directive 2008/68/EC)

• Chemical Agents (Directive 98/24/EC),

Asbestos (Directive 2009/148/EC),

Carcinogens and mutagens at work

(Directive 2004/37/EC)

2) Legislation covering risk management measures

Worker safety and transport legislation

• Inland transport of dangerous goods (Directive 2008/68/EC)

• Carcinogens and mutagens at work (Directive 2004/37/EC)

• Young people at work (Directive 1994/33/EC)

• Pregnant workers (Directive 1992/85/EEC)

• Signs at work (Directive 92/58/EEC)

• Chemical Agents (Directive 98/24/EC)

• Asbestos (Directive 2009/148/EC)

Environmental protection legislation

• Industrial emissions (IPPC) (Directive 2010/75/EU)

• Waste framework (Directive 2008/98/EC) and List of Waste

• Waste shipments (Regulation (EC) No 1013/2006)

• Major-accident hazards involving dangerous substances (Seveso)

(Directive 2012/18/EU)

• Water Framework (Directive 2000/60/EC)

• Urban Waste Water (Directive 91/271/EEC)

• Marine Strategy Framework (Directive 2008/56/EC)

• RoHS in electrical and electronic equipment (Directive 2011/65/EU)

• End of life vehicles (Directive 2000/53/EC)

• Batteries (Directive 2006/66/EC)

• Packaging and Packaging Waste (Directive 94/62/EC)

…

3) Supporting legislation

• Test methods (Regulation (EC) No 440/2008)

• Good Laboratory Practice (Directives 2004/9/EC and 2004/10/EC)

• Protection of animals used for scientific purposes (Directive 2010/63/EU)

…

Chemicals control legislation

• Biocidal products (Regulation (EU) No 528/2012)

• Plant protection products (Regulation (EC) No 1107/2009)

• Export and import of hazardous chemicals (Regulation No 649/2012)

• Persistent organic pollutants (Regulation (EC) 850/2004)

• Contaminants in food and feed (Regulation (EEC) No 315/93 +Directive 2002/32/EC)

• Residues of pesticides (Regulation (EC) No 396/2005)

Product controls

• EU Ecolabel (Regulation (EC) 66/2010)

• Safety of toys (Directive 2009/48/EC)

• Cosmetic products (Regulation (EC) No 1223/2009)

• Detergents (Regulation (EC) No 648/2004)

• Drinking Water (Directive 98/83/EC)

• Fertilisers (Regulation (EC) No 2003/2003)15

• Medical devices (Directives 93/42/EEC , 90/385/EEC 98/79/EC)

• Aerosol dispensers (Directive 75/324/EEC)

• Explosives (Directive 93/15/EEC)

• Pressure equipment (Directive 2014/68/EU)

• Food contact materials (Regulation (EC) No 10/2011 and Regulation (EC) No 450/2009)

• General Product Safety (Directive 2001/95/EC)

ROHS REVISIONS.

FIRST PUBLISHED LEGISATION DRAFTS

AS OF SEPT 19 2017.

Lead in glass ceramic matrix RoHS exemption 7(c) I

shall be extended until > Juli 2021

Ares(2017)4565004

Lead in high melting solder exemption 7(a)

shall be extended until > July 2021

Ares(2017)4565026

Lead in copper alloys RoHS exemption 6(c)

shall be extended until > July 2021

Ares(2017)4565051/1

Lead in Aluminium RoHS

exemption 6(b) split of exemption;

exemptions shall be extended

until > 2021

Ares(2017)4565077

Lead as an alloying element in steel

RoHS exemption 6(a) split of

exemption; reduction of lead in hot

dipped galvanized steel to 0.2 %

lead

exemption 6(c) „maching steel“shall

be extended until > July 2021

Ares(2017)4565104

Ares: Commission legislation identifier

Sub Organization for ELV exemptions 8 & 10

Exemption 8

8 g (flip chip)

Mark Frimann

8 f (press-fits)

Sylvia to clarify

8 e (high-temp solder)

Katsuhisa Kato

10 b (PZT based capacitors)

Randy Rath

10 a (other Pb in ceramics)

Exemption 10

Core Team Contact:

Sylvia

Peter

Bodo

Piezo actuator: Sandrine Baudry / Gunnar

Picht

PTC: Sylvia to clarify

Various components

with Pb in ceramic:

Walter Huck / Klaus Kelm

Glass / thick film: Albert van der Kuij

Glass / protection: Albert van der Kuij

Glass / encapsulation: Albert van der Kuij

8 e (high-temp solder)

DA5 Group (Bodo

Eilken)

RoHS 15

RoHS 7(a)

RoHS 7(c)-I

RoHS 7(c)-I, -II, -III

8 j (laminated glazing) Reinhard Hoock

Expiry 2020

No DD

No DD No DD: no Due Date

crosslink

Review 2019

Review 2019

Review 2019

Expert Group: Working group to collect and maintain publically available information per related ELV exemption

Champion (Chair / Group Pilot): Coordinator of the expert Group

Champion Core Team: Reinhard Hook (for all ELV exemptions) Sylvia Aßmann (8f, 10 a partially) Bodo Eilken (8e, 8g, 10a partially, 10b) Peter Flanker (10a glass)

Tasks for the Champions • Check if Orga for 10a is up to date and complete

• Define which of the Expert Groups have interfaces and should cooperate

Tasks for the Expert Groups • Maintain status report and clarify need per each exemption together with the individual WG members

• based on the last input to stakeholder consultation on ELV and RoHS but point out sector specifics

• Evaluate which applications / components / materials are covered

• Evaluate quantities per component / car

• Summarize activities to find substitutes

• Scientific based evaluation based on

• publically available research

• publically available state of the art

• Maintain contact matrix

• Draft answers on Stakeholder Consultation and adjust with related associations

The information contained in this file is intended solely for

the addressee. Access to this document by anyone else is

unauthorized. If you are not the intended recipient, any

form of disclosure, reproduction, distribution or any action

taken or refrained from in reliance on it, is prohibited and

may be unlawful. Please notify the sender immediately.

The content of this presentation is not legally binding.